CS/HB 45

A bill to be entitled
2An act relating to regulation of firearms and ammunition;
3amending s. 790.33, F.S.; clarifying and reorganizing
4provisions which preempt to the state the entire field of
5regulation of firearms; prohibiting specified persons and
6entities, when acting in their official capacity, from
7regulating or attempting to regulate firearms or
8ammunition in any manner except as specifically authorized
9by s. 790.33, F.S., by general law, or by the Florida
10Constitution; providing a penalty for knowing and willful
11violations; eliminating provisions authorizing counties to
12adopt an ordinance requiring a waiting period between the
13purchase and delivery of a handgun; providing additional
14intent of the section; providing that public funds may not
15be used to defend the unlawful conduct of any person
16charged with a knowing and willful violation of the
17section; providing exceptions; providing fines for
18governmental entities in whose service or employ the
19provisions of the section are knowingly and willfully
20violated; providing for investigation of complaints of
21criminal violations of the section and prosecution of
22violators by the state attorney; providing for termination
23of employment or contract or removal from office of a
24person acting in an official capacity who knowingly and
25willfully violates any provision of the section; providing
26for declarative and injunctive relief for specified
27persons or organizations; providing for specified damages
28and interest; providing for seizure of certain vehicles
29for specified nonpayment of damages; providing exceptions
30to prohibitions of the section; providing an effective
33Be It Enacted by the Legislature of the State of Florida:
35     Section 1.  Section 790.33, Florida Statutes, is amended to
37     790.33  Field of regulation of firearms and ammunition
39     (1)  PREEMPTION.-Except as expressly provided by the
40Florida Constitution or general law, the Legislature hereby
41declares that it is occupying the whole field of regulation of
42firearms and ammunition, including the purchase, sale, transfer,
43taxation, manufacture, ownership, possession, storage, and
44transportation thereof, to the exclusion of all existing and
45future county, city, town, or municipal ordinances or
46regulations relating thereto. Any such existing ordinances or
47regulations are hereby declared null and void. This subsection
48shall not affect zoning ordinances which encompass firearms
49businesses along with other businesses. Zoning ordinances which
50are designed for the purpose of restricting or prohibiting the
51sale, purchase, transfer, or manufacture of firearms or
52ammunition as a method of regulating firearms or ammunition are
53in conflict with this subsection and are prohibited.
54     (2)  PROHIBITIONS.-The following entities may not, when
55acting in their official capacity or otherwise under color of
56law, regulate or attempt to regulate firearms or ammunition in
57any manner, whether by the enactment or enforcement of any
58ordinance, regulation, measure, directive, rule, enactment,
59order, policy, or exercise of proprietary authority, or by any
60other means, except as specifically authorized by this section,
61by general law, or by the Florida Constitution:
62     (a)  A local government.
63     (b)  A special district.
64     (c)  A political subdivision.
65     (d)  A governmental authority, commission, or board.
66     (e)  A state governmental agency.
67     (f)  Any official, agent, employee, or person, whether
68public or private, who works or contracts with any state or
69other governmental entity.
70     (g)  Any entity that serves the public good when such
71service is provided in whole or in part by any governmental
72entity or utilizes public support or public funding.
73     (h)  Any public entity other than those specified in this
74subsection, including, but not limited to, libraries, convention
75centers, fairgrounds, parks, and recreational facilities.
76     (i)  Any body to which authority or jurisdiction is given
77by any unit or subdivision of any government or that serves the
78public good in whole or in part with public support,
79authorization, or funding or that has the authority to establish
80rules or regulations that apply to the public use of facilities,
81property, or grounds.
83     (a)  Any county may have the option to adopt a waiting-
84period ordinance requiring a waiting period of up to, but not to
85exceed, 3 working days between the purchase and delivery of a
86handgun. For purposes of this subsection, "purchase" means
87payment of deposit, payment in full, or notification of intent
88to purchase. Adoption of a waiting-period ordinance, by any
89county, shall require a majority vote of the county commission
90on votes on waiting-period ordinances. This exception is limited
91solely to individual counties and is limited to the provisions
92and restrictions contained in this subsection.
93     (b)  Ordinances authorized by this subsection shall apply
94to all sales of handguns to individuals by a retail
95establishment except those sales to individuals exempted in this
96subsection. For purposes of this subsection, "retail
97establishment" means a gun shop, sporting goods store, pawn
98shop, hardware store, department store, discount store, bait or
99tackle shop, or any other store or shop that offers handguns for
100walk-in retail sale but does not include gun collectors shows or
101exhibits, or gun shows.
102     (c)  Ordinances authorized by this subsection shall not
103require any reporting or notification to any source outside the
104retail establishment, but records of handgun sales must be
105available for inspection, during normal business hours, by any
106law enforcement agency as defined in s. 934.02.
107     (d)  The following shall be exempt from any waiting period:
108     1.  Individuals who are licensed to carry concealed
109firearms under the provisions of s. 790.06 or who are licensed
110to carry concealed firearms under any other provision of state
111law and who show a valid license;
112     2.  Individuals who already lawfully own another firearm
113and who show a sales receipt for another firearm; who are known
114to own another firearm through a prior purchase from the retail
115establishment; or who have another firearm for trade-in;
116     3.  A law enforcement or correctional officer as defined in
117s. 943.10;
118     4.  A law enforcement agency as defined in s. 934.02;
119     5.  Sales or transactions between dealers or between
120distributors or between dealers and distributors who have
121current federal firearms licenses; or
122     6.  Any individual who has been threatened or whose family
123has been threatened with death or bodily injury, provided the
124individual may lawfully possess a firearm and provided such
125threat has been duly reported to local law enforcement.
126     (3)  POLICY AND INTENT.-
127     (a)  It is the intent of this section to provide uniform
128firearms laws in the state; to declare all ordinances and
129regulations null and void which have been enacted by any
130jurisdictions other than state and federal, which regulate
131firearms, ammunition, or components thereof; to prohibit the
132enactment of any future ordinances or regulations relating to
133firearms, ammunition, or components thereof unless specifically
134authorized by this section or general law; and to require local
135jurisdictions to enforce state firearms laws.
136     (b)  It is further the intent of this section to deter and
137prevent the violation of this section, the abuse of official
138authority that occurs when local enactments are knowingly passed
139in violation of state law, and the violation under color of
140local authority of rights protected under the constitution and
141laws of this state.
142     (4)  PENALTIES.-
143     (a)  Any person who, or entity that, knowingly and
144willfully violates a provision of this section commits a felony
145of the third degree, punishable as provided in s. 775.082 or s.
147     (b)1.  Except as required by s. 16, Art. I of the State
148Constitution or the Sixth Amendment to the United States
149Constitution, public funds may not be used to defend the
150unlawful conduct of any person charged with a knowing and
151willful violation of this section, unless the charges against
152such person are dismissed or such person is determined to be not
153guilty at trial.
154     2.  Notwithstanding subparagraph 1., public funds may be
155expended to provide the services of the office of public
156defender or court-appointed conflict counsel as provided by law.
157     (c)  The governmental entity in whose service or employ a
158provision of this section is violated may be assessed a fine of
159not more than $5 million if the court determines that the
160violation was willful and that any person at the governmental
161entity with oversight of the offending official, designee,
162contractee, or employee knew or in the exercise of ordinary care
163should have known the act was a violation.
164     (d)  The state attorney in the appropriate jurisdiction
165shall investigate complaints of criminal violations of this
166section and, where the state attorney determines probable cause
167of a violation exists, shall prosecute violators. Any state
168attorney who fails to execute his or her duties under this
169section may be held accountable under the appropriate Florida
170rules of professional conduct.
171     (e)  A knowing and willful violation of any provision of
172this section by a person acting in an official capacity for any
173of the entities specified in this section or otherwise under
174color of law shall be cause for immediate termination of
175employment or contract or removal from office by the Governor.
176     (f)  A person or an organization whose membership is
177adversely affected by any ordinance, regulation, measure,
178directive, rule, enactment, order, or policy promulgated or
179enforced in violation of this section may file suit in an
180appropriate court for declarative and injunctive relief and for
181all actual and consequential damages attributable to the
182violation. A court shall award the prevailing plaintiff in any
183such suit:
184     1.  Attorney's fees in the trial and appellate courts to be
185determined by the rate used by the federal district court with
186jurisdiction over the political subdivision for civil rights
188     2.  Liquidated damages of three times the attorney's fees
189under subparagraph 1.; and
190     3.  Litigation costs in the trial and appellate courts.
192Interest on the sums awarded pursuant to this subsection shall
193accrue at 15 percent per annum from the date on which suit was
194filed. Where applicable, payment may be secured by seizure of
195any vehicles used or operated for the benefit of any elected
196officeholder or official found to have violated this section if
197not paid within 72 hours after the order's filing.
198     (5)  EXCEPTIONS.-This section does not prohibit:
199     (a)  Zoning ordinances that encompass firearms businesses
200along with other businesses, except that zoning ordinances that
201are designed for the purpose of restricting or prohibiting the
202sale, purchase, transfer, or manufacture of firearms or
203ammunition as a method of regulating firearms or ammunition are
204in conflict with this subsection and are prohibited;
205     (b)  A duly organized law enforcement agency from enacting
206and enforcing regulations pertaining to firearms, ammunition, or
207firearm accessories issued to or used by peace officers in the
208course of their official duties;
209     (c)  Except as provided in s. 790.251, any entity listed in
210paragraphs (2)(a)-(i) from regulating or prohibiting the
211carrying of firearms and ammunition by an employee of the entity
212during and in the course of the employee's official duties; or
213     (d)  A court or administrative law judge from hearing and
214resolving any case or controversy or issuing any opinion or
215order on a matter within the jurisdiction of that court or
217     (6)(b)  SHORT TITLE.-As created by chapter 87-23, Laws of
218Florida, this section shall be known and may be cited as the
219"Joe Carlucci Uniform Firearms Act."
220     Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.